Revised
August, 2003
Administration: These statutes are administered by the Nebraska Department of Agriculture, Bureau of Animal Industry, State Office Building, 301 Centennial Mall South, Lincoln, Nebraska 68509. Telephone: (402) 471-2351.
Revisions: The provisions of these statutes were last revised during the 2003 Nebraska Legislature. This reproduction was prepared following that session.
Rules: A regulation has been promulgated under these statutes, known as Title 23, Chapter 2, Nebraska Administrative Code - Animal Importation Regulations.
54-753.05 Importation of livestock; embargo; violation;
penalty.
54-784.01 Act, how cited.
54-785 Purpose of act.
54-786 Terms, defined.
54-787 Unlawful acts; transmissible disease.
54-788 Certificate of veterinary inspection;
requirements; exceptions.
54-790 Certificate of veterinary inspection;
required.
54-791 Diverting animal from destination; unlawful;
exception.
54-792 Bringing bovine calf into state; unlawful; when;
exceptions.
54-793 Bureau; power to quarantine; rules and
regulations.
54-794 Removing animal placed in quarantine;
unlawful.
54-795 Quarantined area; additional animals; bureau
notified.
54-796 Enforcement powers; county attorney; Attorney
General; duties; violations; penalties.
54-784.01 Act, how cited. Sections 54-784.01 to
54-796 shall be known and may be cited as the Animal Importation Act.
54-785 Purpose of act. The purpose of the Animal
Importation Act shall be to protect the health of animals in Nebraska by regulating or prohibiting
certain activities relating to the importation of animals into Nebraska. Such regulations and
prohibitions are controls which are essential to the prevention of the transference into this state of
dangerous, infectious, contagious, or otherwise transmissible diseases among animals. The
methods provided for in the act are in accordance with the purpose and intent of sections 54-701
to 54-705.
54-786 Terms, defined. For purposes of the Animal
Importation Act, unless the context otherwise requires:
(2) Bureau means the Bureau of Animal Industry of the Department of Agriculture.
54-787 Unlawful acts; transmissible disease. It shall
be unlawful for any person to bring, cause to be brought, or aid in bringing into this state any
animal which he or she knows to be infected with, exposed to, or suspected of having been
exposed to any dangerous, infectious, contagious, or otherwise transmissible disease, or which
he or she knows has originated in a quarantined area, herd, or flock, except by permit issued by
the bureau.
54-788 Certificate of veterinary inspection; requirements;
exceptions.
(2) The bureau may require through rules and regulations that a prior entry permit be obtained for
animals if the bureau deems such a permit necessary for the protection of the health
of domestic animals in the state. If the bureau determines that a prior entry permit is required,
the person importing or transporting the animals into the state shall obtain such a permit from the
bureau.
54-790 Certificate of veterinary inspection; required.
It shall be unlawful for any person to bring, cause to be brought, or aid in bringing into this state
any animal which is not accompanied by a certificate of veterinary inspection as required by
section 54-788.
54-791 Diverting animal from destination; unlawful;
exception. It shall be unlawful for any person to cause any animal to be diverted
from the destination stated on the certificate of veterinary inspection as required by section
54-788 except by permit issued by the bureau.
54-792 Bringing bovine calf into state; unlawful; when;
exceptions. Notwithstanding any other provision of the Animal Importation
Act, it shall be unlawful for any person to bring, cause to be brought, or aid in bringing into this
state for the purpose of resale any bovine calf that is both under two hundred pounds in weight
and not accompanied by its female parent, except that (1) a bovine calf under two hundred
pounds in weight need not be accompanied by its female parent if such calf is brought from the
farm or ranch where calved directly to any establishment approved under 9 C.F.R. part 78 or (2)
a resident of Nebraska or agent for such resident may bring such calf into this state in accordance
with procedures adopted by the Department of Agriculture through rules and regulations.
54-793 Bureau; power to quarantine; rules and regulations.
(2) The Department of Agriculture may adopt and promulgate rules and regulations to aid
in the administration and enforcement of the act.
54-794 Removing animal placed in quarantine; unlawful.
It shall be unlawful for any person to remove any animal which has been placed in
quarantine pursuant to the provisions of either section 54-701 or 54-793 from the place of
quarantine until such quarantine shall be released by the bureau.
54-795 Quarantined area; additional animals; bureau notified.
The bureau shall be notified whenever additional animals are placed within a quarantined
area, and such quarantine may be amended accordingly by the bureau.
54-796 Enforcement powers; county attorney; Attorney General; duties;
violations; penalties.
(2) It shall be the duty of the Attorney General or the county attorney of the county in
which violations of the act are occurring or are about to occur, when notified of such violations
or threatened violations by the department, to cause appropriate proceedings under subsection (1)
of this section to be instituted and pursued in the district court without delay. It shall also be the
duty of the Attorney General or county attorney of the county in which violation of the act
occurred to prosecute violations under subsection (3) of this section without delay.
(3) Any person violating the provisions of the act or the rules and regulations adopted and
promulgated pursuant to the act shall be guilty of a Class III misdemeanor for the first offense
and a Class II misdemeanor for each subsequent offense.
54-753.05 Importation of livestock; embargo; violation;
penalty. Any person who shall import livestock or cause livestock to be
imported into the State of Nebraska in violation of an embargo issued by the State Veterinarian
of Nebraska shall be guilty of a Class IV felony.
(1) Animal means all vertebrate members of the animal kingdom, except humans, fish,
amphibians, and reptiles; and
(1) Except as otherwise provided in this section, all animals brought into this state shall be
accompanied by a certificate of veterinary inspection. The certificate of veterinary inspection
shall state on its face the destination of the animal and shall meet the requirements for issuance,
approval, content, and filing prescribed by the Department of Agriculture through rules and
regulations. The following animals are not required to be accompanied by a certificate of
veterinary inspection: (a) Animals brought directly to a federally recognized slaughter
establishment; (b) cattle, swine, horses, sheep, and goats brought from the farm or ranch of
origin directly to an establishment approved under 9 C.F.R. part 71, 75, 78, 79, or 85; (c) poultry
under eight weeks of age accompanied by a VS Form 9-3, "Report of Sales of Hatching Eggs,
Chicks, and Poults", and classified prior to movement into Nebraska as pullorum and typhoid
clean or equivalent status pursuant to 9 C.F.R. 145, the National Poultry Improvement Plan; and
(d) animals moving directly to a veterinary clinic for diagnosis, treatment, or health examination.
(1) The bureau shall have the authority to place in quarantine at the expense of the owner
any animal which has been brought into this state in violation of the Animal Importation Act.
Any quarantine so imposed shall remain in effect until released by the bureau.
(1) The Department of Agriculture may apply for a restraining order or a temporary, permanent,
or mandatory injunction against any person violating or threatening to violate the Animal
Importation Act or the rules and regulations adopted and promulgated thereunder in order to
insure compliance with the act. The district court of the county where the violation is occurring
or is about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief
may be granted notwithstanding the existence of any other remedy at law and shall be granted
without bond.